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DECISION No

DECISION No. 123/1999/QD-BTM OF FEBRUARY 4, 1999 SUPPLEMENTING THE REGULATION ON BUSINESS MODE OF TEMPORARY IMPORT FOR RE-EXPORT ISSUED TOGETHER WITH DECISION No. 1311/1998/QD-BTM OF OCTOBER 31, 1998 OF THE MINISTRY OF TRADE

THE MINISTER OF TRADE

Pursuant to Decree No. 95-CP of December 4, 1993 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 57/1998/ND-CP of July 31, 1998 of the Government detailing the implementation of provisions of the Commercial Law concerning the goods export, import, processing and purchase and sale agency activities with foreign countries;

Considering the particular character of petrol and oil items;

DECIDES:

Article 1.- To issue together with this Decision the Business Regulation on temporary import for re-export of petrol and oil in supplement to the Regulation on Business Mode of Temporary Import for Re-export, issued together with Decision No.1311/1998/QD-BTM of October 31, 1998 of the Ministry of Trade.

Article 2.- This Decision takes effect 15 days after its signing and replaces Decision No.555/TM-XNK of June 28, 1995 of the Minister of Trade on the supplements to the Regulation on business mode of temporary import for re-export.

Article 3.- The enterprises engaged in temporary import for re-export of petrol and oil and the directors of the relevant departments shall have to implement this Decision.

For the Minister of Trade

Vice Minister

LUONG VAN TU

THE BUSINESS REGULATION ON TEMPORARY IMPORT FOR RE-EXPORT OF PETROL AND OIL

(Issued together with Decision No.0123/1999/QD-BTM of February 4, 1999 of the Minister of Trade)

I. GENERAL PROVISIONS

Article 1.- The petrol and oil goods items of specified in this Regulation include: petrol, diesel, kerosene, flight fuels (ZA1, TC1) and fuel oil.

Article 2.- The temporary import for re-export of petrol and oil prescribed in this Regulation means that a Vietnamese enterprise buys petrol and oil from a foreign country to sell them to enterprises of another country, and fills in the procedures for the import of petrol and oil into Vietnam and for their export out of Vietnam.

Cases of buying petrol and oil from foreign countries to sell them to the following subjects shall also be considered the temporary import for re-export business and subject to this Regulation:

1. Enterprises in export processing zones and export processing enterprises located in industrial parks and hi-tech parks;

2. Airplanes of the Vietnamese airlines flying on international routes and airplanes of the foreign airlines landing in Vietnam;

3. Foreign sea-going ships calling at Vietnamese ports.

Article 3.- Enterprises shall be entitled to conduct temporary import for re-export of petrol and oil after obtaining the Ministry of Trade�s written permits.

1. The enterprises designated to import petrol and oil shall be entitled to sign contracts for the import and export of petrol and oil before obtaining the Ministry of Trade�s permits.

2. Other enterprises that have the function of trading in petrol and oil as stipulated in their business registration certificates, if wishing to conduct the business of temporary import for re-export of petrol and oil, shall be considered and permitted by the Ministry of Trade on case-by-case basis.

II. THE PROCEDURES TO APPLY FOR TEMPORARY PETROL-OIL IMPORT-FOR-RE-EXPORT PERMITS

Article 4.- The Ministry of Trade shall grant permits for temporary import for re-export of petrol and oil to the enterprises specified in Clause 1, Article 3 on the basis of following dossiers:

1. Official dispatch applying for a permit for temporary import for re-export of petrol and oil, clearly stating the quantity and category of petrol and oil to be temporarily imported for re-export, the customer(s), border-gate for temporary import and that for re-export, performance duration,...

2. Contract for purchase of petrol and oil signed with foreign customer.

3. Contract(s) for sale of petrol and oil signed with enterprise(s) (in cases the petrol and oil are sold to foreign enterprises or to subjects specified in Clause 1, Article 2), or signed with airlines (in cases the petrol and oil are sold to subjects specified in Clause 2, Article 2), and sale plan proposed by the enterprise�s director (in cases petrol and oil are sold to subjects specified in Clause 3, Article 2).

- In cases where petrol and oil are sold to subjects specified in Clause 1, Article 2, the competent agency�s written approval of the import of petrol and oil in service of the enterprises� production and business activities is required.

The Ministry of Trade shall grant permits for temporary import for re-export of petrol and oil to the enterprises within 7 working days after receiving the complete and valid dossiers.

Article 5.- The enterprises mentioned in Clause 2, Article 3, that wish to conduct the business of temporary import for re-export of petrol and oil shall have to send their documents to the Ministry of Trade, clearly explaining their business plans and performance capability, thus ensuring efficiency, safety and compliance with regulations.

Within 7 working days after receiving the written requests from the enterprises, the Ministry of Trade shall grant written permits to enterprises to sign sale and purchase contracts or notify reason(s) for refusal to grant permits.

III. THE REGULATIONS ON EFFECTING TEMPORARY IMPORT FOR RE-EXPORT OF PETROL AND OIL

Article 6.- Payments for re-exported petrol and oil shall be made via banks in freely convertible foreign currency(ies) in strict accordance with the State�s current regulations on foreign exchange management.

Article 7.- Enterprises shall be permitted to temporarily import petrol and oil in a big lot and re-export them in the whole lot or in small lots from domestic depots in strict accordance with their temporarily imported volumes and categories.

Article 8.- For the enterprises designated to import petrol and oil, their actually re-exported petrol and oil volume must not be 10% lower than the temporarily imported volume. For such petrol and oil volume difference, taxes and other levies must be fully paid as for petrol and oil imported for domestic consumption, and shall be accounted into the import quotas of petrol and oil of the same category annually allocated by the Ministry of Trade to the enterprises.

The enterprises specified in Clause 2, Article 3 shall have to re-export the whole volume of temporarily imported petrol and oil.

Article 9.- The dossier to be submitted to the customs authority for carrying out the procedures for temporary import for re-export of petrol and oil shall comprise:

1. The purchase contract, the sale contract (copies with the enterprise�s certification).

2. The Ministry of Trade�s written permit for the enterprise to temporarily import petrol and oil for re-export (copy with the enterprise�s certification).

3. The vouchers related to the goods forwarding according to the customs regulations.

In cases where enterprises, basing themselves on the Ministry of Trade�s written permits, authorize their attached enterprises or affiliates to carry out the procedures for temporary import for re-export of petrol and oil, such attached enterprises or affiliates shall have to produce valid authorization papers which clearly state the volume and category of petrol and oil they are authorized to temporarily import for re-export.

IV. IMPLEMENTATION PROVISIONS

Article 10.- The enterprises that have already been permitted to conduct business of temporary import for re-export of petrol and oil shall have to make reports every 3 months, 6 months, 9 months and annually on their performance according to the set form.

Article 11.- Other matters related to the temporary import for re-export business which are not mentioned in this Regulation shall comply with the Regulation on the business mode of temporary import for re-export issued together with Decision No.1311/1998/QD-BTM of October 31, 1998 of the Minister of Trade.

Article 12.- This Regulation takes effect 15 days after its issuance and replaces the Regulation issued together with Decision No.555/TM-XNK of June 28, 1995 of the Minister of Trade supplementing the Regulation on the business mode of temporary import for re-export.-